Gregor I. McGregor to present his “Legacy of 100 years of the Regulatory Taking Doctrine” at Pace Law School Annual Environmental Law Conference

Written by Gregor I. McGregor, Esq.

The Takings Clause of the United States Constitution and court cases since Pennsylvania Coal v. Mahon (1922) are a check on governmental power which the Due Process and Contracts Clauses used to serve.

That Supreme Court decision has transcended its original relevance (on compensation for the government taking of private property) to become in modern times a touchstone of the individual’s relation with the government and the limits on governmental power viz private property (real estate, land interests, and money).

The Takings Doctrine over 100 years has become a singular constitutional limit on governmental authority enforceable in court by lawsuits for invalidation or money damages or both.

Mr. McGregor will present his survey of those 100 years at the Pace Law School 22nd Annual Land Use & Sustainable Development Conference, in White Plains, NY, on December 7-8, 2023. The Regulatory Takings panel session will survey the evolution of the case law and assess its impact on federal, state and local government authority.

The presentations will include not only the limits of that power over private property, but also how the law as created by Pennsylvania Coal balances the individual’s private rights against the government’s exercise of regulatory authority in the public interest, especially the federal Commerce Clause power and state police power (aka public health, safety, welfare and the environment).

Mr. McGregor’s presentation can be viewed on this website at Slide Shows >>